BILL NUMBER: AB 1775	CHAPTERED  09/19/00

	CHAPTER   500
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 23, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JUNE 28, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000

INTRODUCED BY   Assembly Member Lowenthal

                        JANUARY 24, 2000

   An act to add Section 40459 to the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1775, Lowenthal.  Petroleum coke dust.
   (1) Existing law requires the State Air Resources Board to monitor
air pollutants in cooperation with the county air pollution
districts, the air quality management districts, and other agencies
in order to control air pollution.
   This bill would require the operator of any facility within the
Port of Los Angeles or the Port of Long Beach to comply with certain
requirements regarding the management of petroleum coke, as provided
in specified rules of the South Coast Air Quality Management District
by January 1, 2001, except as specified.  The bill would require the
facility operators at the Port of Los Angeles and the Port of Long
Beach to also enclose or replace specified equipment by January 1,
2002, and January 1, 2004, respectively.  Because a violation of
those rules and requirements would be a crime, the bill would impose
a state-mandated local program.
   The bill would require the district, in conjunction with the state
board, to annually submit a study to the Legislature that examines
the violations of the district's rules regarding petroleum coke.
   The bill would require the south coast district to monitor the
size of the outdoor ready pile at the Port of Los Angeles to ensure
compliance with a specified 50,000 metric ton limit, until that pile
is enclosed.
   The south coast district would be required, by January 1, 2003, to
maintain a program to monitor particulates within the Port of Los
Angeles and the Port of Long Beach and to assess prevalent coke
particulates and improvements in air quality.
   The bill would impose a state-mandated local program by imposing
new duties upon a local air district.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for specified reasons.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California law provides for the measurement of the level of
carcinogens in the air and water and requires that notice be given to
the public regarding the level of various toxic pollutants in the
air.
   (b) Petroleum coke is material produced in the oil-refining
process that is exported widely to Asia as an alternative energy
source.
   (c) The purpose of this act is to reduce the emission of airborne
particulate matter from the storage, handling, and transportation of
petroleum coke.
  SEC. 2.  Section 40459 is added to the Health and Safety Code, to
read:
   40459.  (a) (1) Except as provided in paragraph (4), on or before
January 1, 2001, the operator of any facility within either the Port
of Los Angeles or the Port of Long Beach that stores, handles, or
transports petroleum coke and is subject to the enclosed storage pile
deadlines of Rule 1158 shall comply with the enclosure requirement
of Rule 1158.
   (2) Except as provided in paragraph (4), on or before January 1,
2002, the facility operator at the Port of Los Angeles shall enclose
the ready pile referenced in subparagraph (k)(10) of Rule 1158.
   (3) On or before January 1, 2004, the facility operator at the
Port of Long Beach shall discontinue the use of, or replace the
shiploader referenced in subparagraph (k)(6) of Rule 1158.
   (4) Notwithstanding paragraphs (1) and (2), if the construction of
additional enclosed storage within the Port of Los Angeles is
commenced on or before April 1, 2001, the facility operator is not
required to comply with subparagraph (k)(10) of Rule 1158 until April
1, 2002.
   For purposes of this paragraph, "construction of additional
enclosed storage" means any storage enclosure for which the south
coast district issues a permit to construct on or after January 1,
2001, but before April 1, 2001, and construction begins on or before
April 1, 2001.
   (b) The south coast district, in conjunction with the state board,
shall annually submit a study to the Legislature that examines the
frequency and severity of violations of south coast district rules
related to the storage, transportation, and handling of petroleum
coke.
   (c) Until the facility operator at the Port of Los Angeles
encloses the outdoor ready pile, as specified in paragraph (2) of
subdivision (a), the south coast district shall monitor the size of
that ready pile to ensure compliance with the 50,000 metric ton limit
requirement in that facility's March 31, 1999, Rule 1158 interim
storage plan.
   (d) On and after January 1, 2003, the south coast district shall
maintain a program to monitor particulates within the Port of Los
Angeles and the Port of Long Beach and shall assess prevalent coke
particulates and improvements in air quality.
   (e) For purposes of this section, "Rule 1158" means the rule
adopted by the south coast district on December 2, 1983, and amended
June 11, 1999, pursuant to this chapter.  Any terms used in this
section and in Rule 1158 shall have the same meaning as provided in
Rule 1158.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   In addition, no reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
